Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 439/16

 

 

 

CLAIMANT: Ewa Kurdyn

 

 

RESPONDENT: Shamel Ltd

t/a Makhulu 5

 

 

 

DECISION

The respondent is ordered to pay to the claimant the sum of £488 in respect of holiday accrued but not taken.

 

Constitution of Tribunal:

Employment Judge: Employment Judge McCaffrey (sitting alone)

 

 

Appearances:

The claimant appeared in person.

The respondent had not entered a response and so was debarred from taking part in these proceedings.

 

Interpreter: Ms Zofia Jackson

 

 

1. This hearing was arranged following a default judgment on liability having been issued in favour of the claimant by Employment Judge Greene on 24 March 2016.

 

2. The issue outstanding was in relation to the amount due to the claimant in respect of her claim for annual leave accrued but not taken while employed by the respondent.

 

3. It was confirmed that the claimant's employer was in fact Shamel Limited which traded as Makhulu 5 and accordingly I direct that the name of the respondent shall be amended to read "Shamel Limited t/a Makhulu 5".

 




 

4. The claimant was employed by the respondent from 1 April 2015 until 19 October 2015. She did not receive payslips during this period of time. I accept her evidence that at the beginning of her employment she worked approximately 40 hours per week and her hours were then reduced but she averaged 30 hours per week and was paid £7.00 per hour. Her take home pay each week was £220 which she was paid in cash.

 

5. The claimant usually worked five days per week and on this basis her gross daily pay was £45 per day.

 

6. While employed by the respondent the claimant did not take any leave during the period of time she worked for the respondent (29 weeks). She accrued entitlement to 15.6 days leave rounded up to 16 days.

 

7. On the basis of the evidence given by the claimant I therefore order the respondent to pay to the claimant holiday pay calculated as follows:

 

16 days x £45 = £720

 

less an amount paid by the respondent to the claimant

in respect of holidays £232

Balance Due £488

 

The respondent is therefore ordered to pay to the claimant the sum of £488 in respect of holidays accrued but not taken while employed by the respondent.

 

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order

(Northern Ireland) 1990.

 

 

 

Employment Judge:

 

 

Date and place of hearing: 5 May 2016, Belfast.

 

 

Date decision recorded in register and issued to parties: